Saturday, January 29, 2022

LAW AND SOCIETY_CRESCENT SCHOOL OF LAW_ FATHIMA A

                                                                                                                                                     

                          

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INTRODUCTION

Society is the system in which people live together in organized communities.  Law is used as one mode to control the society.  That is law makes a path to social relationship between individuals and between groups in the society.
Law and society are related to each other.  Society cannot exist without law that is a society without law is like a pen without ink.  Law is the bond of society.  It is in fact the essence of civil society.  Law also needs to be changed according to the changes the society faces, because without the necessary changes law cannot keep peace with society.  So to keep the society peaceful, we need to keep a harmonious relationship between law and society.


NEED FOR LAW?

The need for law is to govern relations between people, without law disorder and conflict would arise among people.  Law not only try to protect us from harm, but they also provide a system for settling disputes.  Law is necessary to regulate society as it applies equally to everyone, the people in the society are governed by law and not by arbitrary power.  Law is intended to be obeyed by everyone living within the society.  As it strike a balance between individual freedom and the needs of society. If the laws are violated then the person who violates the law will be punished in accordance with law.

LAW AND SOCIETY ARE INTERRELATED


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Law and Society are interrelated. Some of the new Laws and Amendments to the existing Laws that India has witnessed in the past decade are a testament to the fact that Law is not isolated and is often a result of external events. For example, the recent amendments to the Criminal Law, like decriminalization of Adultery, the recognition of the Third Gender Rights, The Muslim Women (Protection of Rights on Marriage) Act, 2019 or the inclusion of Right to Privacy within Right to Life and Personal Liberty, guaranteed by Article 21of the Constitution of India, are a direct result of changing societal norms and values. Other Laws like the Competition Act, The Companies Act, 2013, The National Food Security Act, 2013 or The Insolvency and Bankruptcy Code, 2016 were enacted due to the changing political and economic ideologies.

LAW IN SOCIAL WELFARE

Law can also be used to manage various governmental public benefits such as educational centers.  Through the concept of welfare state, laws are being used to achieve social justice, social welfare, eradication of poverty and economic exploitation.

LAW AND SOCIAL CONTROL, SOCIAL CHANGE AND INEQUALITY

The law plays an important part as the tool of the social control because the violation of the law implies the punishment for offenders. At the same time, the law changes respectively to social changes to meet needs of the society. However, the law fails to prevent social inequality. Instead, the law just sets the rules and people should obey them, regardless of their social status

LAW HAS AN INSTRUMENT OF SOCIAL CHANGE 

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Many laws had been enacted for the need of social change, constitution guarantees equality, freedom before law, without discrimination of religion, caste, sex, place of birth (article 14), article 17 untouchability abolition, article 24 child labor below 14 years not be employed.  Some acts had been enacted which had brought social changes the acts like Hindu marriage act 1955, enforced monogamy, untouchability is offence under untouchability offence act 1955, the Hindu succession Act, 1956 confers absolute right over the property possessed by woman that is daughter along sons are succession to an inheritance from intestate Hindus, By Dowry prohibition act, 1961, giving or receiving dowry made punishable.

LEGAL RULE, RULE OF CUSTOM AND ETIQUETTES

Legal Rules are those rules which are applicable to society as a whole and are deliberately made by the law- making bodies for the welfare of the society. These are generally, applicable to all and can only be changed at the power of the law- making bodies, which may be parliament, legislature or judiciary. For example, the maximum speed limit set for various vehicles on various roads.
Customs in brief can be defined as the code of conduct which is observed for a long period of time in a society which is not against any morals or public policy.  These are generally, personal in nature as they vary from place to place and society to society. For example, in a society it may be a custom that marriage can only be solemnized in a temple.
Legal rule has a difference over etiquettes.  Etiquettes may be defined as a set of rules for behaving correctly in social situations. For example, masticating food while keep the mouth close.


BRANCHES OF LAW

Law has different branches in modern judicial systems which govern the society at all levels. The branches where, public law, constitutional law, criminal law, administrative law, substantive and adjective law.

CONSTITUTIONAL LAW
Constitutional law is the part of national law which governs the system of public administration and the relationships between the individual and the state.

PUBLIC LAW 
The aim of public law is promotion of social objective and the protection of collective interest of individuals.  The criminal law, constitutional law and administrative law are examples of public law.

CRIMINAL LAW
Criminal law is the body of law that relates to crime.  If regulates social conduct and prescribes whatever is threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people.  It includes the punishment of people who violates these laws, criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation than on punishment.

ADMINISTRATIVE LAW
Administrative law deals with the powers and functions of the administrative authorities, the manner in which the power are to be exercised and remedies which are available to the aggrieved persons when those powers are abused by these authorities. 

SUBSTANTIVE LAW
The body of law that defines criminal offenses and their penalties.

ADMINISTRATIVE LAW
The body of law that governs the ways in which the substantive laws are to be administered; sometimes called adjective or remedial law

CONCLUSION
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Law plays an important role in the society.  Look around and name few examples of law that have changed the society.  Law can be an agent of social change to reform the society.  The society may adapt to changes by amending the law according to circumstances and times.
It can be concluded as; function of law is to achieve stability and peaceful changes in society.

Think what would happen to society without laws?


THANK YOU


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